BILL NUMBER: SB 839 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2007
AMENDED IN SENATE APRIL 9, 2007
INTRODUCED BY Senator Calderon
FEBRUARY 23, 2007
An act to amend Sections 12551, 12552, 12678, 12683,
12700, 12702, and 12726 of, and to add Sections 12556,
12557, 12703, 12704, 12706, 12707, 12727, and 12728 to, the Health
and Safety Code, and to add Section 15301 to the Vehicle Code,
relating to fireworks, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 839, as amended, Calderon. Fireworks.
(1) The State Fireworks Law generally regulates the sale,
possession, use, and transportation of fireworks, including, but not
limited to, dangerous fireworks, safe and sane fireworks,
agricultural and wildlife fireworks, and emergency signaling devices,
as defined. That law defines "agricultural and wildlife fireworks"
as fireworks designed and intended by the manufacturer to be used to
prevent damage to crops or unwanted occupancy of areas by animals or
birds through the employment of sound or light or both. That law
makes it unlawful for a person to use or discharge an agricultural
and wildlife firework without first securing a permit from the State
Fire Marshal.
This bill would additionally make it unlawful and punishable
as an infraction for a person to either possess an
agricultural and wildlife firework without first securing a permit
from the State Fire Marshal . The bill would also make it
unlawful to or possess with the intent to use,
or to use, an agricultural and wildlife firework contrary to its
intended use. By creating a new crime, the bill would impose a
state-mandated local program.
(2) That law defines an "emergency signaling device" as a
pyrotechnic device designed and intended by the manufacturer to be
used in a manner that provides a reasonable degree of safety to the
user and does not create a fire hazard when used according to the
label of instructions. That law makes it unlawful for a person to
sell, use, or discharge an emergency signaling device not registered
by the State Fire Marshal.
This bill would additionally make it unlawful for a person to
possess an emergency signaling device not registered by the State
Fire Marshal. By creating a new crime, the bill would impose a
state-mandated local program.
(3)
(2) That law requires the State Fire Marshal
to adopt regulations relating to fireworks as may be necessary for
the protection of life and property, and requires the State Fire
Marshal to appoint deputies and employees as may be required to carry
out the provisions of that law. That law provides that the State
Fire Marshal, his or her salaried deputies, or a chief of a fire
department, or his or her authorized representatives, a fire
protection agency, or any other public agency authorized by statute
to enforce the State Fire Marshal's regulations, may seize any
fireworks, as described, and may charge a person whose fireworks are
seized with specified costs of transporting, storing, and handling
the seized fireworks. That law also makes it unlawful for a person
to, among other matters, transport fireworks unless those fireworks
have been classified and registered by the State Fire Marshal.
This bill would permit the State Fire Marshal to appoint arson
bomb investigators and employees as may be required to carry out the
provisions of that law. The bill would also make it unlawful for a
person to possess a specified amount of dangerous fireworks, and upon
conviction, is guilty of a public offense subject to a
specified punishable by a fine or by
imprisonment in the county jail for not more than one year,
or both , as specified . By creating a new
crime, the bill would impose a state-mandated local program. The bill
would require the State Fire Marshal, on or before July 1, 2008, to
identify and evaluate specified data relating to fireworks. The bill
would require the State Fire Marshal, in conjunction with the
Attorney General, to send notices regarding unauthorized shipments of
fireworks in California, as specified.
The bill would create the State Fire Marshal Fireworks Enforcement
and Disposal Fund. The bill would provide that 65% of the penalty
imposed by these provisions shall be deposited in the fund for use by
the State Fire Marshal, upon appropriation by the Legislature, to
enforce, prosecute, dispose of, and manage dangerous fireworks and to
educate public safety agencies in the proper handling and management
of dangerous fireworks. The bill would also provide that 35% of the
penalty will remain with the public safety agency for specified
expenses. The bill would require the county treasurer in the county
where the offense was committed to forward those penalties as
specified in these provisions. By imposing a higher level of service
on a local agency, the bill would impose a state-mandated local
program.
The bill would require the Office of the State Fire Marshal,
consulting with public safety agencies and other stakeholders, to
develop a model ordinance that permits local jurisdictions to adopt a
streamlined enforcement and administrative fine procedures related
to the possession of fireworks, as specified.
The bill would further require the State Fire Marshal, pursuant to
the requirements and procedures established by the Office of
Administrative Law, to establish regulations to impose a fee for
every dollar of safe and sane fireworks sold in the state, as
specified. The bill would provide that these fees shall be deposited
in the State Fire Marshal Fireworks Enforcement and Disposal Fund and
may be appropriated by the State Fire Marshal without regard to
fiscal years. By creating a continuously appropriated fund for the
fees established by the State Fire Marshal, the bill would make an
appropriation. By authorizing a fee on the sale of safe and sane
fireworks for exclusive use in connection with programs for dangerous
fireworks, this bill would result in a change in state taxes for the
purpose of increasing state revenues within the meaning of Section 3
of Article XIII A of the California Constitution, and thus would
require for passage the approval of 2/3 of the membership of each
house of the Legislature.
(4)
(3) Existing law prohibits a driver of a
commercial motor vehicle from operating a commercial motor vehicle
for one year if the driver is convicted of a first violation of
specified vehicle-related offenses or convicted of other specified
crimes.
This bill would require the Department of Motor Vehicles, in
conjunction with the State Fire Marshal, to develop regulations and
procedures to temporarily suspend the commercial motor vehicle
license of a person who is operating a commercial motor vehicle while
transporting dangerous fireworks having a gross weight of 10,000
pounds or more. The bill would also prohibit a driver of a commercial
motor vehicle from operating a commercial motor vehicle for 3 years
if the driver is convicted of transporting dangerous fireworks having
a gross weight of 10,000 pounds or more.
(5)
(4) This bill would also make various
technical, nonsubstantive changes to these provisions.
(6)
(5) The California Constitution requires the
state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12551 of the Health and Safety Code is amended
to read:
12551. (a) The State Fire Marshal shall appoint deputies and
employees as may be required to carry out the provisions of this
part.
(b) The State Fire Marshal may appoint arson bomb investigators
and employees as may be required to carry out the provisions of this
part.
SEC. 2. Section 12552 of the Health and Safety Code is amended to
read:
12552. The State Fire Marshal shall adopt regulations relating to
fireworks as may be necessary for the protection of life and
property not inconsistent with the provisions of this part. These
regulations shall include, but are not limited to, provisions for the
following:
(a) Granting of licenses and permits for the manufacture,
wholesale, import, export, and sale of all classes of fireworks.
(b) Classification of fireworks and pyrotechnic devices.
(c) Registration of employees of licensees.
(d) Licenses and permits required for presentation of public
displays.
(e) Granting of licenses and permits for research or
experimentation with experimental or model rockets and missiles.
(f) Investigation, examination, and licensing of pyrotechnic
operators of all classes.
(g) Registration of emergency signaling devices and the
classification and use of exempt fireworks.
(h) Transportation of all classifications of fireworks, model
rockets, emergency signaling devices, and exempt fireworks.
(i) Fees for every dollar of safe and sane fireworks sold in this
state as described in Section 12727.
SEC. 3. Section 12556 is added to the Health and Safety Code, to
read:
12556. On or before July 1, 2008, the State Fire Marshal shall
identify and evaluate methods to capture more detailed data relating
to fires, damages, and injuries caused by both dangerous fireworks
and safe and sane fireworks. These evaluation methods shall include a
cost analysis related to capturing and reporting the data.
SEC. 4. Section 12557 is added to the Health and Safety Code, to
read:
12557. The Office of the State Fire Marshal shall consult with
public safety agencies and other stakeholders as deemed necessary by
the State Fire Marshal and develop a model ordinance that permits
local jurisdictions to adopt a streamlined enforcement and
administrative fine procedures related to the possession of
fireworks. These procedures shall be limited to civil fines and as
authorized pursuant to Section 53069.4 of the Government Code. The
model ordinance shall include provisions for reimbursing the Office
of the State Fire Marshal for the costs associated with the disposal
of seized fireworks.
SEC. 5. Section 12678 of the Health and Safety Code is amended to
read:
12678. (a) It is
unlawful for a person to possess, It is unlawful and,
notwithstanding Section 12700, punishable as an infraction for a
person to do either of the following:
(a) Possess, use, or discharge
agricultural and wildlife fireworks without first securing a permit
as provided in this part.
(b) It is unlawful for a person to possess
Possess ith the intent to use, or to use,
agricultural and wildlife fireworks contrary to the fireworks
intended use.
SEC. 6. Section 12683 of the Health and Safety
Code is amended to read:
12683. It is unlawful for a person to possess, sell, use, or
discharge an emergency signaling device not registered by the State
Fire Marshal.
SEC. 7. SEC. 6. Section 12700 of the
Health and Safety Code is amended to read:
12700. (a) Except as provided in Section 12702 and subdivision
(b), a person who violates any provision of this part, or any
regulations issued pursuant to this part, is guilty of a misdemeanor,
and upon conviction shall be punished by a fine of not less than
five hundred dollars ($500) or more than one thousand dollars
($1,000), or by imprisonment in the county jail for not exceeding one
year, or by both that fine and imprisonment.
(b) A person who violates any provision of this part, or any
regulations issued pursuant to this part, by possessing dangerous
fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of
less than 25 pounds of unaltered dangerous fireworks, as defined in
Section 12505, is guilty of a public offense, and upon conviction
shall be punished by a fine of not less than five hundred dollars
($500) or more than one thousand dollars ($1,000), or by imprisonment
in the county jail for not exceeding one year, or both that fine and
imprisonment. Upon a second or subsequent conviction, a person
shall be punished by a fine of not less than one thousand dollars
($1,000) or by imprisonment in the county jail not exceeding one year
or by imprisonment in the state prison.
(2) A person who possesses a gross weight, including packaging, of
not less than 25 pounds or more than 1,000
100 pounds of unaltered dangerous fireworks, as defined in
Section 12505, is guilty of a public offense, and upon conviction
shall be punished by a fine of not less than one thousand dollars
($1,000) or more than five thousand dollars ($5,000), or by
and by either imprisonment in the county jail
for not exceeding one year, or both that fine and
imprisonment imprisonment in the state prison .
(3) A person who possesses a gross weight, including packaging, of
not less than 1,000 100 pounds or more
than 10,000 1,000 pounds of unaltered
dangerous fireworks, as defined in Section 12505, is guilty of a
public offense, and upon conviction shall be punished by a fine of
not less than five thousand dollars ($5,000) or more than ten
thousand dollars ($10,000), and by either imprisonment in
the county jail for not exceeding one year or imprisonment in
the state prison .
(4) A person who possesses a gross weight, including packaging, of
more than 10,000 1,000 pounds of
unaltered dangerous fireworks, as defined in Section 12505, is guilty
of a public offense, and upon conviction shall be punished by a fine
of not less than ten thousand dollars ($10,000) or more than fifty
thousand dollars ($50,000), and by either imprisonment in
the county jail for not exceeding one year or imprisonm
ent in the state prison .
(c) Subdivision (b) shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 or valid permit as described in Section 12522.
SEC. 8. SEC. 7. Section 12702 of the
Health and Safety Code is amended to read:
12702. Notwithstanding the provisions of Section 12700:
(a) A person who violates this part by selling, giving, or
delivering any dangerous fireworks to any person under 18 years of
age is guilty of a misdemeanor and upon a first conviction shall be
punished as prescribed in Section 12700.
(b) Upon a second or subsequent conviction of the offense, the
person shall be punished by the penalties of the applicable fine
described in subdivision (b) of Section 12700, an additional fine of
five thousand dollars ($5,000), and by imprisonment in the county
jail for one year. The person shall not be granted probation and the
execution of the sentence imposed upon the person shall not be
suspended by the court.
SEC. 9. SEC. 8. Section 12703 is
added to the Health and Safety Code, to read:
12703. (a) The State Fire Marshal shall, in conjunction with the
Department of Motor Vehicles, develop regulations and procedures to
temporarily suspend the commercial motor vehicle license of a person
who is operating a commercial motor vehicle while transporting
unaltered dangerous fireworks, as defined in Section 12505, having a
gross weight, including packaging, of 10,000 pounds or more.
(b) A driver of a commercial motor vehicle shall not operate a
commercial motor vehicle for three years if the driver is convicted
of transporting unaltered dangerous fireworks, as defined in Section
12505, having a gross weight, including packaging, of 10,000 pounds
or more, as described in Section 15301 of the Vehicle Code.
(c) This section shall not apply to a person who holds and is
operating within the scope of a valid license as described in Section
12516 or valid permit as described in Section 12522.
SEC. 10. SEC. 9. Section 12704 is
added to the Health and Safety Code, to read:
12704. The State Fire Marshal, at least once a year and in
consultation with the Attorney General, shall serve notice to any
individual or business known to supply fireworks that any
unauthorized shipments of fireworks into California will result in an
immediate report to federal authorities with a request for any
relevant federal prosecution.
SEC. 11. SEC. 10. Section 12706 is
added to the Health and Safety Code, to read:
12706. Notwithstanding Section 1463 of the Penal Code, all fines
and forfeitures imposed by or collected in any court of this state,
as a result of citations issued by a public safety agency, for any
violation of subdivision (b) of Section 12700 or of any regulation
adopted pursuant to subdivision (b) of Section 12700, shall be
deposited, as soon as practicable after the receipt of the fine or
forfeiture, with the county treasurer of the county in which the
court is situated. Amounts deposited pursuant to this section shall
be paid at least once a month as follows:
(a) Sixty-five percent to the Treasurer, by warrant of the county
auditor drawn upon the requisition of the clerk or judge of the
court, for deposit in the State Fire Marshal Fireworks Enforcement
and Disposal Fund, as described in Section 12728, on order of the
Controller. At the time of the transmittal, the county auditor shall
forward to the Controller, on the form or forms prescribed by the
Controller, a record of the imposition, collection, and payments of
the fines or forfeitures.
(b) Thirty-five percent to the local public safety agency in the
county in which the offense was committed to reimburse the local
public safety agency for expenses, including, but not limited to, the
costs for handling, processing, photographing, and storing seized
dangerous fireworks.
SEC. 12. SEC. 11. Section 12707 is
added to the Health and Safety Code, to read:
12707. (a) If a person charged with a violation of this part is
released pursuant to Section 853.6 of the Penal Code or otherwise
released, and the magistrate fixes an amount of bail that in his or
her judgment, in accordance with Section 1275 of the Penal Code, is
reasonable and sufficient for the appearance of the defendant, the
amount of that bail equals or exceeds the minimum fine described in
Section 12700, and the defendant pays the amount of that bail, the
magistrate may use the procedure described in subdivision (b).
(b) At the time the case is called for arraignment before the
magistrate, if the defendant does not appear, either in person or by
counsel, the magistrate may declare the bail forfeited, and may, in
his or her discretion, order that no further proceedings shall be had
in the case.
(c) Upon the making of the order that no further proceedings be
had, all sums deposited as bail shall immediately be paid into the
county treasury for distribution pursuant to Section 12706.
SEC. 13. SEC. 12. Section 12726 of
the Health and Safety Code is amended to read:
12726. (a) The dangerous fireworks seized pursuant to this part
shall be disposed of by the State Fire Marshal in the manner
prescribed by the State Fire Marshal at any time after the final
determination of proceedings under Section 12724, or upon final
termination of proceedings under Section 12593, whichever is later.
If no proceedings are commenced pursuant to Section 12724, the State
Fire Marshal may dispose of the fireworks after all of the following
requirements are satisfied:
(1) A random sampling of the dangerous fireworks has been taken,
as defined by regulations adopted by the State Fire Marshal pursuant
to Section 12552.
(2) The analysis of the random sampling has been completed.
(3) Photographs have been taken of the dangerous fireworks to be
destroyed.
(4) The State Fire Marshal has given written approval for the
destruction of the dangerous fireworks. This approval shall specify
the total weight of the dangerous fireworks seized, the total weight
of the dangerous fireworks to be destroyed, and the total weight of
the dangerous fireworks not to be destroyed.
(b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
(c) If dangerous fireworks are seized pursuant to a local
ordinance that provides for administrative fines or penalties and
these fines or penalties are collected, the local government entity
collecting the fines or penalties shall forward 65 percent of the
collected moneys to the Controller for deposit in the State Fire
Marshal Fireworks Enforcement and Disposal Fund, as described in
Section 12728.
SEC. 14. SEC. 13. Section 12727 is
added to the Health and Safety Code, to read:
12727. (a) The State Fire Marshal shall establish regulations
pursuant to the requirements and procedures established with the
Office of Administrative Law to assess a fee for every dollar of safe
and sane fireworks sold in California to be deposited in the State
Fire Marshal Fireworks Enforcement and Disposal Fund.
(b) In determining the appropriate amount of the fees described in
subdivision (a), the State Fire Marshal shall consult with the
fireworks industry.
SEC. 15. SEC. 14. Section 12728 is
added to the Health and Safety Code, to read:
12728. (a) The State Fire Marshal Fireworks Enforcement and
Disposal Fund is hereby established in the State Treasury.
(b) All of the moneys collected pursuant to Section 12706 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for the enforcement, prosecution related to,
disposal, and management of seized dangerous fireworks, and for the
education of public safety agencies in the proper handling and
management of dangerous fireworks.
(c) All of the moneys collected pursuant to Section 12727 shall be
deposited in the fund and is hereby appropriated, without regard to
fiscal years, to the State Fire Marshal for the exclusive use in
statewide programs for the enforcement, prosecution related to,
disposal, and management of seized dangerous fireworks, and for the
education of public safety agencies, local fire departments, and fire
protection agencies in the proper handling and management of
dangerous fireworks.
SEC. 16. SEC. 15. Section 15301 is
added to the Vehicle Code, to read:
15301. The Department of Motor Vehicles, in conjunction with the
State Fire Marshal, shall develop regulations and procedures to
temporarily suspend the commercial motor vehicle license of a person
who is operating a commercial motor vehicle while transporting
dangerous fireworks having a gross weight of 10,000 pounds or more. A
driver of a commercial motor vehicle shall not operate a commercial
motor vehicle for three years if the driver is convicted of
transporting dangerous fireworks having a gross weight of 10,000
pounds or more.
SEC. 17. SEC. 16. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution for certain costs that may be incurred by
a local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.